RETRENCHMENT-Conditions precedent for termination. - The Industrial Disputes Act, 1947
The case of petitioner is that he was appointed as temporary peon on daily wages with the respondent bank from 14.02.2001 to 31.03.2002 without break of service. Is is alleged that his services were terminated in violation of Section 25-F of the Act. It is alleged by the Petitioner that instead of compensation, awarded by the Labour court, he is entitled to reinstatement with back wages along with consequential benefits. The Court examined the issue whether the petitioner who was appointed as daily wages is entitled to reinstatement and consequential benefits. The Court held that the petitioner was appointed on temporary basis without following procedure due to which his appointment was void ab initio. In the facts and circumstances of the present case, Labour Court has rightly awarded just and reasonable compensation in lieu of reinstatement and other benefits. there is no irregularity, illegality, perversity or any other infirmity in the impugned Award. Writ Petition is devoid of merits and is dismissed.
-H.C.H.P. Bal Krishan Sharma v. Punjab and Sind Bank and others.
THE INDUSTRIAL DISPUTE ACT, 1947
Call us on 09920-100-462 |Request a quotation
LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs